QUALITY METRICS/MALPRACTICE
Educational Objectives
| The goals of this program are to recognize use of quality metrics as a way of determining quality of care and to help
avoid anesthesia malpractice cases. After hearing and assimilating this program, the clinician will be better able to:
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 | 1. Distinguish which current reportable metrics are pertinent to the practice of anesthesiology.
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 | 2. Analyze metrics used in perioperative medicine.
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 | 3. Determine the impact of nonanesthesiologists on anesthetic care.
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 | 4. Discuss limitations of quality and outcome metrics.
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 | 5. Recognize the importance of communication, charting, delegation and supervision, and flexibility when the
unanticipated occurs in avoiding malpractice lawsuits.
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Faculty Disclosure
In adherence to ACCME Standards for Commercial Support, Audio-Digest requires all faculty and members of the planning committee
to disclose relevant financial relationships within the past 12 months that might create any personal conflicts of interest.
Any identified conflicts were resolved to ensure that this educational activity promotes quality in health care and not a proprietary
business or commercial interest. For this program, the faculty and planning committee reported nothing to disclose.
Acknowledgements
Dr. Brown spoke in San Francisco, CA, at the 2008 IARS 82nd Clinical and Scientific Congress, held March 29 to
April 1, 2008, and sponsored by the International Anesthesia Research Society; Mr. Camarra spoke in Chicago, IL, at
the 21st Annual Conference, Challenges for Clinicians, held November 30 to December 2, 2007, and sponsored by the
University of Chicago Pritzker School of Medicine, Department of Anesthesia and Critical Care. The Audio-Digest
Foundation thanks the speakers and the sponsors for their cooperation in the production of this program.
Making Quality Metrics Work for Your Patients and You
Daniel R. Brown, MD, PhD, Assistant Professor and Chair, Division of Critical Care, Department of Anesthesiology,
Mayo Clinic, College of Medicine, Rochester, MN
| Patient safety: concern about delivery of care stems from patient safetyrelated issues; despite ≈10 yr of intense activity
and resource allocation, significant errors continue to occur; estimated incidence of medical harm in United
States ≈40,000 incidents/day; various health care organizations, payors, and patient advocacy groups apply intense
pressure to improve patient care
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| Public reporting of performance data: goal to improve patient care; reporting outcomes of care processes may 1)
identify areas of reduced performance (to facilitate targeted improvements), 2) help maintain market share for specific
health care services or providers, and 3) have direct financial implications (eg, reimbursement from Centers for Medicare
and Medicaid Services [CMS]); however, recent article found reporting outcomes results in only small improvement
in patient care; majority of efforts targeted locally, within given institution or hospital; reporting outcomes also
has potential disadvantages (eg, decreasing time to antibiotic administration may impair ability to diagnose community-acquired
pneumonia in emergency department)
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| Measuring quality of anesthesia care: mortality poor outcome measure for quality of care (difficult to identify
outliers); other factors that affect mortality (eg, surgical care rendered, underlying physiology of patient) likely outweigh
impact of anesthesia care; unclear whether outcomes should be risk-adjusted; quality of care during
perioperative period typically measured by process adherence (eg, timing of antibiotic administration); attention to
processes beneficial because of time-limited nature; processes may be more closely linked to performance (following
proven beneficial interventions improves efficacy)
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| Current reportable metrics: use of metrics not confined to one group of health care providers; CMS starter-set
of quality-of-care measures for patients with acute myocardial infarction (MI) proposed by US Department of Health
and Human Services; available for review at www.hospitalcompare.hhs.gov; measures include aspirin upon admission
and at discharge, β blocker upon admission and at discharge, and angiotensin-converting enzyme (ACE) inhibitor
or angiotensin-receptor blocker (ARB) for patients with left ventricular (LV) systolic dysfunction; additional measures
(depending on institution) include use of fibrinolytic agents ≤30 min after hospital arrival, percutaneous interventions
≤90 min after arrival, smoking cessation advice and counseling for current smokers, and 30-day risk-adjusted
heart attack mortality; multidisciplinary intervention required to achieve stated goals; various organizations involved
with quality-of-care initiatives overlap; many metrics found at CMS Web site http://www.cms.hhs.gov, including
2008 Physician Quality Reporting Initiatives (PQRI) for eligible professional quality measures (pertinent to cardiology
in setting of acute MI; many metrics about diabetic care also reportable to CMS); primary care physicians and
others can seek additional reimbursement from CMS if quality metrics met
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| Surgical-site infection (SSI): >500,000 SSIs yearly, according to some estimates; associated with increased morbidity,
mortality, and cost; general principles of antibiotic prophylaxiscoverage for sites associated with infection;
role of patient risk factors; treatment with antimicrobials effective for anticipated organisms; minimum
inhibitory concentration (MIC) for pathogens of interest achieved or exceeded (in tissue and blood); appropriate
timing of prophylaxis significantly decreases risk; barriers to timely antibiotic administrationdelayed order for
antibiotic (eg, providers may wait until patient in operating room [OR]), lack of awareness about goals, increased
administration time (eg, increased with vancomycin, due to vasodilation), and pharmacy-related issues;
initiativesCenters for Disease Control and Prevention (CDC) recommendations for antibiotic prophylaxis include
timing of administration of IV antibiotics to achieve bacteriocidal concentrations of drug in serum and tissues
at time of first incision; Institute for Healthcare Improvement (http://www.ihi.org) endorses proactive changes to
improve safety in patient care; goal to protect 5 million patients from medical harm over next 2 yr; focus is on preventing
SSI by delivering reliable and appropriate care; appropriate use of antibiotics defined (administered ≤60
min before incision [except vancomycin and fluoroquinolones] in ≥95% of patients); other organizations support
similar metrics
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| Central venous catheter: frequently placed by anesthesia provider; estimated 250,000 catheter-related bloodstream
infections (CRBSI) yearly; attributable cost per infection estimated at ≤$25,000
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 | CDC guidelines for prevention of CRBSI: increase awareness about causes and frequency of CRBSI; avoid femoral
insertion site (subclavian may be superior to other sites); observe proper hand hygiene procedures; use maximal
barrier precautions (recommendations include use of cap, mask, gown, sterile gloves, and large site drape);
other recommendations applicable to anesthesia provider include skin antisepsis with 2% chlorhexidine, application
of catheter site dressing, elimination of antimicrobial ointments and prophylactic antibiotics, and consideration
of antimicrobial- or antiseptic-impregnated central venous catheters (if high frequency of CRBSI); daily
needs assessment typically not performed by same person that placed catheter (especially not in OR setting); reasonable
evidence suggests that following these guidelines reduces CRBSI; additional safety measures include ultrasonographic
(US) guidance and vessel transduction
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 | US guidance: metrics include use of imaging, evaluation of potential sites, and patency confirmation of selected
vessel; available data suggest fewer mechanical complications, fewer failed insertion attempts, less time required
to place catheter (compared to landmark studies), and fewer infections; US guidance beneficial (eg, for detecting
thrombi and anatomic variations) for novice and experienced anesthesia providers; billingallowable for US
guidance if certain steps followed
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 | Adherence to central line protocols: speakers department receives electronically generated reports (monthly) and
information on CRBSI rates (quarterly); biggest problem assessing daily need for catheter; processes involve respiratory
therapy, nursing, and physicians; its a huge [part] of health care that is involved in meeting these patient
metrics
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| Perioperative glucose control: reportable metric only in cases of major cardiac surgery; <200 mg/dL in ≥95% of
these patients; measurements taken on first 2 postoperative days; (obtained as close to 6:00 AM as possible); both
values <200 mg/dL to meet criteria
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| Ventilator-associated pneumonia (VAP): affects ≈15% of intubated patients in intensive care unit (ICU); high
mortality rates (up to 50%); processes proven to improve outcomes include elevating head of bed (semirecumbency),
daily sedation holiday with evaluation for extubation, stress ulcer prophylaxis, and prophylaxis against
deep venous thrombosis (DVT); speaker reports VAP-bundle compliance to state; speakers institution uses electronic
rounds reporting tool managed by ICU personnel (nursing staff and house staff involved with patient care); if
compliance issues identified by 5:00 AM, they are addressed during rounds; at 12:00 PM, data automatically sent
to quality control office and bundled into reporting metrics sent out of institution; weekly feedback returned to
medical director, attending physicians, and nursing leadership
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| Other aspects of care in mechanically ventilated patients: in patient with acute lung injury or acute respiratory
distress syndrome (ARDS), studies show low tidal volume associated with improved outcome; standard of
care of patients with ARDS in ICU; at speakers institution, automated system alerts respiratory therapist and summons
physician to bedside when patient has arterial blood gas PaO2 /FIO2 (P/F) ratio <300 and chest x-ray shows
evidence of lung injury, with ventilator peak pressure >35 mm Hg and set tidal volume >8 mL/kg ideal body
weight
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| Anticoagulation, regional anesthesia, and catheter placement: American Society of Regional Anesthesia
and Pain Medicine (ASRA) guidelines for anticoagulation instrumental in raising institutional awareness of bleeding
complications with neuraxial catheters and anticoagulation
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Malpractice Issues
Joseph A. Camarra, JD, Partner, Cassiday Schade LLP, Chicago, IL
| Common themes: malpractice cases, in general, and anesthesia cases, specifically, involve communication, charting,
delegation and supervision of functions in OR, and general category of frozen thinking (most commonly recurring
theme in malpractice cases)
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| Standard of care: most jurisdictions define similarly; requires anesthesia personnel to carefully apply skill ordinarily
used by reasonably well-qualified provider, under circumstances similar to those presented in case at issue;
does not require perfection; bad outcome does not necessarily mean violation of standard of care occurred; legal
standard actually set by health care professionals; in overwhelming number of malpractice cases, plaintiff required
to have physician testify that defendant failed to meet standard of care; no shortage in number of physicians willing
to testify for plaintiff
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| Charting: legal repercussionshospital record (eg, preanethesia work-up, intraoperative record, postanesthesia
care unit [PACU] record) becomes legal document in hands of attorney; most important legal document in case;
should reflect what health care provider was thinking preoperatively, intraoperatively, and postoperatively; surprising
how often it does not reflect thoughts and actions of provider; damaging evidencein hands of plaintiffs attorney,
common claim is if its not charted, it wasnt done, or you didnt think about it; used as device to cross-
examine provider; reviewed by experts and used (especially if record weak) as basis for criticism; thoroughness
keymore complete and accurate record easier to defend; important to avoid jumping to conclusions in record; if
you fail to chart, you may wind up in difficulty in court; in Illinois, Dead Mans Act precludes party of interest
in lawsuit from testifying about any conversation with or event occurring in presence of decedent because he or she
cannot respond, but law does allow defendant to refer to chart; more thorough charting makes defense easier
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| Communication: one of the biggest problems that physicians have; nowhere in medicine is health care team
viewed as single team more than in OR; patient assumes everyone knows one another, talking to one another, and
will provide care as single unit; lack of communication causes teamwork to break down, resulting in negative consequences,
both in OR and court room; case study of adverse outcome due to lack of communication
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| Delegation and supervision: anesthesiologist often delegates duties (including covering OR) to certified registered
nurse anesthetist (CRNA) or resident because anesthesiologist responsible for patients in several rooms; appropriate
only when anesthesiologist has assurance that delegatee has requisite expertise; however, attending anesthesiologist
must be present during key parts of anesthesia procedure (note presence on chart), and must be immediately available
if questions, concerns, or crises arise; often, attending anesthesiologist does not respond, and resident or CRNA overwhelmed;
document on chart that discussion of informed consent took place before procedure; speaker believes patient
entitled to know who will provide care in OR
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| Hypothetical case: preoperatively105-kg patient with history of diabetes; planned surgery involved single-level
lumbar discectomy and fusion; consent did not mention harvesting bone from iliac crest; anesthesia providers preoperative
notes indicate surgeon has not ordered typed and cross-matched blood or cell saver; anesthesia provider
advised room has been reserved for 3 to 4 hr; anesthesia provider never has discussion with surgeon about not ordering
typed and cross-matched blood, cell saver, or length of procedure; patient has not ingested anything by
mouth since midnight; surgery originally scheduled for morning but delayed until 1:00 PM; anesthesia provider
evaluates patient preoperatively and places single peripheral 20-gauge intravenous (IV) line; patient receives 1 L of
fluid while in preoperative holding area (inadequate, considering patient diabetic and had not taken in any fluids for
past 12 hr); maintenance fluid 125 mL/hr; baseline hematocrit 42%; during proceduresurgery begins with surgeon
harvesting bone from iliac crest, but anesthesia provider does not change anesthetic plan (ie, frozen thinking);
worse yet, case continues for 8 hr; during procedure, surgeon requests cell saver (operated by nurse, who is backup
for usual operator of device); anesthesia provider does not see visual signs of blood loss, but cannot see into incision;
surgeon does not report unusual blood loss; total fluids administered include crystalloid (3 L) plus cell saver
blood (925 mL); anesthesia provider does not obtain hematocrit or glucose measurement; during last 3 hr, patient
becomes increasingly tachycardic and urine output drops; anesthesia provider perceives only mild dehydration
(again, frozen thinking); estimated blood losscharted/documented 4 times; 1) anesthesia record (1000 mL), 2)
nurse using cell saver (1000 mL), 3) surgeons handwritten progress note (1500 mL), and 4) surgeons dictated operative
note at end of case (1700 mL); neither anesthesia provider nor nurse has read manual attached to cell saver
device; assumed 925 mL returned was total blood loss, but actual blood loss 1800 to 2000 mL; anesthesia provider
recognized something amiss at end of procedure and decided not to extubate; postoperativelyanesthesia producer
accompanied patient to PACU; in PACU, nurse did not hear anesthesia order for immediate complete blood
cell count (CBC), blood gases, and electrolytes; not charted as stat order in record; ultimately, blood drawn and
hematocrit of 19% noted; patient recognized as hyperosmolar and diagnosed with hypovolemia; anesthesia provider
orders immediate delivery of typed and cross-matched blood (stat order not written in record, and nurse indicates
not hearing order; untyped and uncross-matched blood would have been appropriate); outcomeultimately,
blood arrives, and 5 U placed (hematocrit 15.9%), but patient expires in PACU; cause of death hypovolemic shock,
likely due to inadequate administration of blood and fluids during surgery
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| Lessons learned: do not take things for granted; communication between anesthesia provider and surgeon should occur
before and during procedure; delegate responsibilities only to competent substitute; discrepancies in charting
should signal need to communicate; be flexible when something unanticipated occurs (change previous thinking)
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Suggested Reading
Berenholtz SM et al: Eliminating catheter-related bloodstream infections in the intensive care unit. Crit Care Med 32:2014,
2004; Breslow MJ et al: Effect of a multiple-site intensive care unit telemedicine program on clinical and economic outcomes:
an alternative paradigm for intensivist staffing. Crit Care Med 32:31, 2004; Classen DC et al: The timing of prophylactic administration
of antibiotics and the risk of surgical-wound infection. N Engl J Med 326:281, 1992; Crosby E: Medical malpractice
and anesthesiology: literature review and role of the expert witness. Can J Anaesth 54:227, 2007; Edelson DP et al: Improving
in-hospital cardiac arrest process and outcomes with performance debriefing. Arch Intern Med 168:1063, 2008; Fung CH et al:
Systematic review: the evidence that publishing patient care performance data improves quality of care. Ann Intern Med 148:111,
2008; Gandhi GY et al: Intensive intraoperative insulin therapy versus conventional glucose management during cardiac surgery:
a randomized trial. Ann Intern Med 146:233, 2007; Horlocker TT et al: Regional anesthesia in the anticoagulated patient:
defining the risks (the second ASRA Consensus Conference on Neuraxial Anesthesia and Anticoagulation). Reg Anesth Pain
Med 28:172, 2003; Pronovost P et al: An intervention to decrease catheter-related bloodstream infections in the ICU. N Engl J
Med 355:2725, 2006; Quiney N et al: Malpractice issues in modern anaesthesiology. Eur J Anaesthesiol 25:598, 2008;
Souza LF et al: Monetary claims should not influence the practice of anaesthesia. Acta Anaesthesiol Scand 52:161, 2008; van
den Berghe G et al: Intensive insulin therapy in the critically ill patients. N Engl J Med 345:1359, 2001.
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